A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment lectures.

Punishment of the crime

On October 27, 2016, around 00:55, at the house of the victim D (Gain, Gain, 29 years old) located in the Dong of the Daejeon Seodong-gu building C, Daejeon, the Defendant was under the influence of alcohol and was in charge of the chest and the ship of the victim, who was under the influence of alcohol and was on the part of the bed.

The victim spawddd by the defendant's behavior, but the victim did not resist or sound under the influence of diving and alcohol, and the defendant continued to spawd the victim's sound with his/her hand and put his/her finger into the part of the victim's sound.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Each investigation report (report on telephone conversations between a victim and a suspect, reporting on time of damage, hearing statements from a victim and reporting thereon);

1. Application of Acts and subordinate statutes concerning mobile phone text;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse [the first offender who has no record of criminal punishment against the Defendant, and the Defendant’s age, occupation, family environment, social relationship, etc. recognized on the record can be seen as having the effect of preventing re-offending even with the registration of personal information of the Defendant and attending lectures to treat sexual assault;

In full view of the fact that there are special circumstances in which the disclosure of personal information of the defendant should not be disclosed.

[Determination]

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The sentencing criteria shall be based on; and